Legislative Update Number 8 - March 19, 2005

Dear Friends,

With only six days left in the 2005 session, the pace has increased dramatically. The calls and email from 57th District constituents have been phenomenal and I appreciate the expertise and broad perspective of this district. Thank you so much for helping me do the job.

Friday the 11th of March was an interesting day as it was the last day for House bills to “crossover” to the Senate. It was quite a scramble.

HB 153 attempted to limit free speech by placing certain limitations on labor organizations’ ability to raise money for political activity. It targeted one group and tried to take away their right to be a part of the political process. The House Democratic Caucus worked hard to get enough support to defeat the bill and we succeeded as the measure failed on a vote of 89-90.

HB 501 was one of Governor Perdue’s initiatives which strips down the multi-faceted state Department of Motor Vehicles (DMVS). A majority of the department’s responsibilities would be transferred to other agencies in an effort to speed up the testing to receive a driver’s license for the first time. Restoring the cuts the Governor made for the Drivers License section would have been a real solution.

Currently, the DMVS performs duties ranging from issuing licenses to writing citations for tractor-trailer trucks to enforcing rules about vehicles that carry hazardous materials. Memos from Perdue’s own Office of Planning and Budget indicated that DMVS is “not broken or dysfunctional” and the federal highway safety agencies have cautioned that dismantling DMVS could result in an increased number of accidents and deaths on Georgia’s highways and even jeopardize our federal funds for highways. After much drama and two tie breaking votes by Speaker Richardson, HB 501 passed 91-75.

HB 216 is a proposal that attacks methamphetamine abuse by requiring retailers to get a state license in order to sell cold medicine that contains pseudophedrine, the main ingredient in meth passed that day as well.

HB 170 gives prosecutors the right to strike the same number of prospective jurors as defense attorney passed. This bill was part of the Governor’s Legislative Package and it changed current law which allows the defense more strikes.

HB 244 was the explosion at the end of a long day. This bill was a comprehensive rewrite of some of the election law which had been requested by Secretary of State Cathy Cox. The surprise amendment at the end of a very thick bill repealed Georgia’s carefully crafted voter identification system and replaced it with a requirement that voters produce a photo ID to vote. Many rural voters without a driver’s license will have to travel miles and pay $15 to get a photo ID. There are only 50 places to get such a photo ID in Georgia.

Rep. Pat Gardner’s Legislation

For all of Rep. Gardner’s legislation you can go to the following website:
http://www.legis.state.ga.us/legis/2005_06/mbrs/gardnerpat57th.htm

HB 490 is an initiative designed to encourage high school students to graduate from high school. It would allow high school students to joint enroll in a technical college program and not lose any HOPE eligibility. Last year’s HOPE bill put a limit of 95 semester hours for a HOPE grant in a technical school. (HOPE scholarships are limited to 150). As a result of that change, the number of students who took classes at technical colleges dropped by at least 30%. Gardner’s bill would allow the student who graduated from high school to waive the new limit.

The bill generated a lot of support in the Higher Education Committee but the Chairman decided to wait on the bill. The Georgia Student Finance Commission and the Commissioner of the Department of Technical and Adult Education (DTAE) asked for more time to educate the counselors and parents who were discouraging their children from beginning a technical certification program while in high school. They will report their progress in mid-summer.

Rep. Pat Gardner’s Sponsored Legislation

For all of Rep. Gardner’s legislation you can go to the following website:
http://www.legis.state.ga.us/legis/2005_06/mbrs/gardnerpat57th.htm

Here are a couple of the bills initiated by Pat:

HB490: Rep. Pat Gardner allows for high school students to use HOPE to pay for joint enrollment to technical schools. This piece of legislation is very important due to the 30% reduction in enrollment to technical schools by high school students. This is due to a number of reasons but mainly an unforeseen consequence of capping the technical school hours at 95 credit hours. Teachers and high school councilors are advising students not to use their credit hours while in high school. Rep. Gardner looks forward to a study commission this summer to analysis the issue at greater detail.
http://www.legis.state.ga.us/legis/2005_06/sum/hb490.htm

House Legislation of Interest

HB 197: Abortion; Woman's Right to Know Act On February 23, the House passed HB 197, which imposes a 24-hour waiting period before abortions can be performed in Georgia and mandates that abortion providers read specifically scripted information to patients prior to an abortion, including information about fetal pain and probable gestational state of the fetus. The amendment to the bill that would have created an exemption for victims of rape or incest failed by a vote of 93 to 81. Rep. Gardner voted for the amendment and against the bill. http://www.legis.state.ga.us/legis/2005_06/sum/hb197.htm

HB 218: Ending Disclosure of Public Economic Development Records On February 9, the House passed HB 218, which exempts from public inspection the records of all state agencies (and their city and county counterparts) engaged in economic development programs. The bill passed with an amendment that requires disclosure of any records necessary to the exercise of local government zoning powers as well as applications for a permit required by the Environmental Protection Division of the Department of Natural Resources. Rep. Gardner voted for the amendment and against the bill. The issue of disclosures of economic incentive activity is still being discussed and continues to be a topic of interest throughout the legislative session.
http://www.legis.state.ga.us/legis/2005_06/sum/hb218.htm

HB81: Would call for a moratorium on executions while the Georgia General Assembly studies ways to make the death penalty more fair and just. With new technology like DNA evidence leading to the release of many prisoners across the country, it is time that we have an institutional review of the way that Georgia applies the death penalty.
http://www.legis.state.ga.us/legis/2005_06/sum/hb81.htm

SB 218: Georgia Health Insurance Risk Pool. Relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
http://www.legis.state.ga.us/legis/2005_06/sum/sb218.htm

HB 294: Passed the Public Safety Committee unanimously -- but is at risk of getting stuck in the Rules Committee. House Bill 294 has been presented to the the Rules Committee twice, but both times, the committee chairman, Earl Earhart, skipped over it when selecting bills that the committee members could "move" to the floor the next day. HB 294 is a matter of life or death for kids who walk to school. The speed camera demonstration project we facilitated on E. Rock Springs Rd. last year During the 6-week period when cameras monitored speed, 260 cars a day traveling 40 mph or higher sped past Morningside Elementary School each day. And this was in just one direction! The risk of death to a pedestrian hit by a car at that speed is 85 percent.

HB 244: This bill passed and has made many democrats upset at the disenfranchisement of minority and elderly voters. This bill removes many forms of identification that a voter can use to prove their identity.
http://www.legis.state.ga.us/legis/2005_06/sum/hb244.htm

HB 48: Ethics in government; amend provisions - relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of State’s office; to provide for penalties; to provide for restrictions on the Governor’s appointment power under certain circumstances
http://www.legis.state.ga.us/legis/2005_06/sum/sb48.htm

SB 134: Revises the current 90-day program for youth offenders. SB 134 as passed by the Senate and favorably reported by the House Judiciary Non-Civil Committee will preserve judges’ discretion to sentence youth offenders who are a threat to public safety to a secure-bed facility. It will also enable DJJ and the court to provide appropriate and effective programming for status offenders and non-violent misdemeanants thereby freeing up beds in secure facilities for juvenile delinquents. http://www.legis.state.ga.us/legis/2005_06/sum/sb134.htm

SB 43: Allows for a scholoarship for Georgia Guard personnel who are sent to a combat zone for more than 181 days or who is killed in a combat zone. It would provide $2000 per award year. http://www.legis.state.ga.us/legis/2005_06/sum/sb43.htm

Events at the Capitol

Family Day: March 12, 2005: Rep. Pat Gardner sponsored the Youth Pride Forum. Where GLBTQ youth were able to speak to legislators and talk about their issues amongst themselves. It was unfortunate that many of the people wishing to participate were turned down. However, there was a strong presence at the capitol of GLBT families. In addition, there was a march for labor and family rights.

Inman Park Parade: April 23, 2005: It is a great time and a lovely parade with tons of butterflies! It is always a special time with family and friends. For more information use this link: http://www.inmanpark.org/fest2004.php

Thank you again for allowing me to represent you and your family at the capitol. It is always a challenge but I look forward to it every morning when I wake up. If you have any issues you would like to speak with me about please do not hesitate to email or call me.

Sincerely,